AGFA HEALTHCARE NV,MUMBAI vs. THE DCIT (INTERNATIONAL TAXATION) -1 (1) (1) , MUMBAI

IN THE INCOME TAX APPELLATE TRIBUNAL, ‘I’ BENCH
MUMBAI

BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER
&

MS. PADMAVATHY S, ACCOUNTANT MEMBER
AGFA Healthcare NV
Septestraat
27,
2640
Mortsel Belgium
C/o.
Deloitte
Haskins
&
Sells LLP
Tower 3, 27th to 32nd Floor
One International Center
Senapati Bapat Marg
Elphinstone Road (West)
Mumbai- 400 013
Vs. The Deputy Commissioner of Income
Tax
(International
Taxation)-
1(1)(1)
Room No.528, Air India,
Nariman Point
Mumbai – 400 021
PAN/GIR No.AAICA8105D
(Appellant)
..
(Respondent)

Assessee by Shri Ketan Ved
Revenue by Shri Krishna Kumar, Sr. DR
Date of Hearing
13/02/2025
Date of Pronouncement
18/02/2025

आदेश / O R D E R

PER AMIT SHUKLA (J.M):

The aforesaid appeal has been filed by the assessee against final assessment order passed u/s.143(3) r.w.s. 254
AND 144C(13) for the A.Y.2014-15 passed in pursuance of directions given by the DRP vide order dated 02/12/2020. AGFA Healthcare NV

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2. In the aforesaid appeal, ld. Counsel for the assessee has submitted that assessee has opted for settlement of its tax dispute under the ‘Vivad Se Vishwas Scheme-2024’ and has also filed application vide letter dated 11/02/2025 before the authorities. For the sake of ready reference, the letter is reproduced hereunder:-

“We refer to captioned appeal filed by the appellant against order dated 3 June 2021 passed under section 143(3) read with sections 254 and 144C(13) of the Income-tax Act, 1961 for assessment year 2014-15

In this regard, the appellant has decided to avail the benefit of settling the appeal under "The Direct Tax Vivad se Vishwas
Scheme, 2024" The appellant has filed declaration in Form 1 on 30 December 2024 (copy enclosed as Annexure 1). The designated authority has also furnished certificate in Form 2
(copy enclosed as Annexure 2) as per the provisions of "The Direct Tax Vivad se Vishwas Scheme, 2024"

In view of the above, the appellant wishes to withdraw the captioned appeal. It is submitted that the appeal is withdrawn to reduce the litigation and costs associated therewith. The withdrawal of the appeal shall not in any way be construed as acceptance of the additions on the issues made by the Assessing Officer and shall not have precedence value and therefore, we reserve the right to contest the same issue if raised in any other assessment year

Please note that the appellant does not have a managing director and hence, the letter is signed by director of the appellant.

We request you to take the above on record and pass an order confirming the withdrawal of the appeal, at the earliest.”
AGFA Healthcare NV

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3. Accordingly, appeal of the assessee is dismissed as withdrawn, however, liberty is given to the assessee in case the application for VSVS does not materialize and is not accepted, assessee may file an application for restoration of the appeal. Accordingly, appeal of the assessee is dismissed in limine.

Order pronounced on 18th February, 2025. (PADMAVATHY S) (AMIT SHUKLA)
ACCOUNTANT MEMBER
JUDICIAL MEMBER
Mumbai; Dated 18/02/2025
KARUNA, sr.ps

Copy of the Order forwarded to :

BY ORDER,

(Asstt.